Texas 2023 - 88th Regular

Texas House Bill HB2389

Filed
2/16/23  
Out of House Committee
4/11/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to employee-owned companies.

Impact

The enactment of HB 2389 is expected to considerably influence state laws pertaining to business ownership structures. Specifically, it will allow professional corporations, especially those categorized as historically underutilized businesses, to transition to employee ownership models without losing their status and eligibility for certain benefits. The changes within the Business Organizations and Government Codes reflect a shift towards promoting employee engagement and investment, which may also appeal to a diverse workforce seeking stability and involvement in their companies.

Summary

House Bill 2389 aims to support employee-owned companies by providing a framework for professional corporations to establish Employee Stock Ownership Plans (ESOPs). The bill not only amends existing regulations to formally recognize ESOPs as authorized persons in professional corporations but also fosters environments where such companies can thrive. A significant feature of the bill involves creating a dedicated online resource housed within the governor's office to disseminate information about ESOPs, thereby enhancing awareness and providing technical assistance to interested businesses.

Sentiment

Discussion surrounding HB 2389 has largely been supportive, with stakeholders emphasizing the potential for ESOPs to promote job security and bolster local economies. There has been a notable absence of significant opposition during the hearings, indicating a broad consensus on the benefits of the bill. Advocates highlight the positive implications for employees and businesses alike, seeing it as a progressive step towards more inclusive economic structures.

Contention

While general sentiment remains positive, concerns have been raised about potential bureaucratic challenges associated with establishing an ESOP. Some stakeholders worry that the administrative requirements could serve as barriers for smaller businesses looking to adopt employee ownership. A specific critique comes from representatives of the small business sector who fear the added complexity may deter companies from pursuing these beneficial ownership transitions. Nonetheless, the discussions did show a concerted effort to find a balance that encourages employee ownership without imposing excessive regulatory burdens.

Texas Constitutional Statutes Affected

Business Organizations Code

  • Chapter 1. Definitions And Other General Provisions
    • Section: New Section
    • Section: New Section
  • Chapter 303. Provisions Relating To Professional Corporations
    • Section: New Section
    • Section: New Section
  • Chapter 3. Formation And Governance
    • Section: New Section
  • Chapter 301. Provisions Relating To Professional Entities
    • Section: New Section

Government Code

  • Chapter 481. Texas Economic Development And Tourism Office
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 2161. Historically Underutilized Businesses
    • Section: New Section

Companion Bills

TX SB1233

Identical Relating to companies in which employees have ownership interests through employee stock ownership plans.

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